Dear All
Could anyone please guide me on temporary employee contract.
We are a liaison office. We have only 35 employees. One of our staff is going on maternity leave. We are hiring a person to cover that.

We normally hire people for 6 months probation and they they are confirmed on completion of probationery periods if their performance is upto the standard during these six months. PF and applicable from the very first day. Only difference is of Notice period and leave entitlement between a confirmed staff ( 1 months notice period, and 15 days EL Plus 12 CL/SL ) and a temporary staff( 7 seven days notice period and 12 days SL/CL)

Now we want to hire the person without putting her on our payroll for max 8 months.
We are planing to pay her the due salary( 20 K) but as professional fee(10% plus SHEC tax as TDS will be deducted) so that her salary is not subject to PF deduction.

Please suggest best way to maximise benefit to her and less statutory requirement. Also need a temporary contract format.

Puran Dangwal

From India, New Delhi
If you do not want her to be on your payroll, she is not your employee therefore no need for an employment contract. But there should be a contract in terms of business i.e in this scenario she is providing her services to you if you are paying her the remuneration directly but if you are paying her via a third party then the third party is providing the services to you - so the contract should be berween your company and herself or between your company and the third party.
HR Practitioner.

From India, Hyderabad

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